Terms of Service
The following Terms of Service (the “Terms”) govern Customer’s (as defined on the Order Form) use of the Software (as defined below) as agreed on the Order Form. The Terms, together with the Order Form, are collectively referred to as the “Agreement.”
1. Access to Software
License Grant
Subject to the terms and conditions of the Agreement, Yasir Arafath grants Customer a non-exclusive, non-transferable, limited-term license to access and use the software applications developed, owned, and hosted by Yasir Arafath, as identified on the Order Form (the “Software”), solely for Customer’s internal business purposes. Yasir Arafath and its licensors reserve all rights in and to the Software not expressly granted to Customer. Customer is responsible for providing the necessary hardware, software, and internet connectivity to access and use the Software.
Updates
Yasir Arafath may offer updates to the Software periodically. These updates are governed by these Terms. Yasir Arafath is not responsible for issues arising from unauthorized plugins installed by Customer. Except as specified in the Order Form, Yasir Arafath is not obligated to provide updates or modifications. Additional features or upgrades can be purchased for an additional fee, not exceeding the current price of such upgrades.
Support Services
Yasir Arafath will provide routine support and troubleshooting services (“Support Services”) to Customer. Customer may request Support Services via online support at Support@yasirarafath.net
2. Restrictions on Use
Customer may not:
- Copy, reproduce, or permit the copying or reproduction of any part of the Software except as otherwise permitted in this Agreement.
- Reverse engineer, decompile, disassemble, or create derived works based on the Software.
- Modify, adapt, or translate the Software into other programming languages or extend the Software to operate in other environments or platforms, except as allowed by these Terms.
- Allow third-party software to access the Software without prior approval from Yasir Arafath.
3. Fees and Payment
Customer agrees to pay Yasir Arafath as stated on the Order Form. The rates specified are exclusive of taxes, levies, and governmental charges. If license fees are recurring, Customer agrees to provide valid and updated payment information, including credit card details. Charges are made in advance as specified in the Order Form.
Late Payments
Late payments of more than thirty (30) days will accrue interest as allowed by law, whichever is lower. The customer will be liable for costs associated with the collection of overdue amounts, including legal fees. If usage exceeds the purchased package for a period of 12 months, Yasir Arafath will automatically upgrade the package at the end of the current term.
Refund Policy
We do not offer refunds for any subscriptions purchased.
4. Proprietary Rights
Yasir Arafath retains all rights, titles, and interests in and to the Software, including all intellectual property rights. This Agreement does not transfer any ownership rights to Customer. Customer is prohibited from removing or altering proprietary notices, trademarks, or logos associated with the Software.
5. Term and Termination
The Agreement commences on the Effective Date specified in the Order Form and remains in effect for the period defined therein (the “Initial Term”). Unless otherwise stated, the Agreement automatically renews for successive one-year periods unless either party provides written notice of non-renewal at least ninety (90) days prior to the expiration of the current term.
Upon termination, Yasir Arafath’s obligations to provide access to the Software and any licenses granted under the Agreement will cease.
6. Indemnification
By Yasir Arafath
Yasir Arafath will indemnify Customer against third-party claims alleging that the Software infringes on any intellectual property rights, including patents, trademarks, or copyrights, except in cases where the infringement arises from:
- Unauthorized use of the Software.
- Use of the Software with third-party services not provided by Yasir Arafath.
- Customer-provided materials or data.
If a claim arises, Yasir Arafath may: - Procure the right for Customer to continue using the Software.
- Replace or modify the infringing components of the Software.
By Customer
Customer agrees to indemnify Yasir Arafath against claims arising from:
- Customer’s misuse of the Software.
- Violation of applicable laws and regulations.
- Breach of any representations or warranties under the Agreement.
Indemnification Procedures
The Indemnified Party must provide prompt notice of claims and cooperate reasonably with the Indemnifying Party in the defense or settlement of such claims. The Indemnifying Party will have sole control over defense and settlement, though the Indemnified Party may participate at its own expense.
7. Warranty and Warranty Disclaimer
Yasir Arafath warrants that the Software does not contain any malicious code, such as viruses or spyware, and that the content is not materially incorrect or incomplete. Yasir Arafath also warrants that the Software does not infringe on third-party intellectual property rights.
Limitation
Except for the warranty in Section 7.2, all other warranties, including implied warranties of quality, performance, or fitness for a particular purpose, are excluded. The Software is provided “as is,” and Customer assumes all risks associated with its use.
8. Limitation of Liability
Except for indemnification obligations, Yasir Arafath will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the Agreement. The total cumulative liability to Customer will not exceed the amount paid to Yasir Arafath during the previous twelve (12) months.
9. Miscellaneous
Assignment
Customer may not assign or transfer the Agreement without prior written consent from Yasir Arafath.
Amendments; Waiver; Severability
The Agreement can only be amended in writing, executed by both parties. A waiver of any breach does not constitute a waiver of any subsequent breach. If any provision is found to be invalid, the remainder of the Agreement will remain enforceable.
Publicity
Yasir Arafath will not disclose its relationship with Customer without prior written consent.
Disputes
The Agreement will be governed by the laws of the country in which Yasir Arafath is based. Disputes will be resolved in the courts located in that jurisdiction.
Entire Agreement
This Agreement, including the Order Form and any exhibits, constitutes the entire understanding between the parties and supersedes all prior agreements.